WEBVTT SOLEDAD: THE NATION'S HIGHESTCOURT WAITS TO SEE IF PRESIDENTTRUMP'S NOMINEE, JUDGE NEILGORSUCH, WINS CONFIRMATION.HE NEEDS SENATE APPROVAL, ANDEXPERTS ARE SAYING THAT ISLIKELY.CURRENTLY, THE COURT STANDSDIVIDED, JUST EIGHT JUSTICESRULING 4-4 ON FIVE CASES SINCETHE DEATH OF ANTONIN SCALIA.AMY HOWE COVERS THE SUPREMECOURT AS A BLOGGER FOR HOWE INTHE COURT, AND SHE IS ACONTRIBUTOR FOR MY MOST FAVORITETHING EVER SCOTUSBLOG.COM.IT IS GENIUS AND BRILLIANT.WALK ME THROUGH SOME OF THECASES THAT ARE MOST LIKELY TOCOME BEFORE THE SUPREME COURTWITH THE SOMEWHAT FAIREXPECTATION THAT JUDGE NEILGORSUCH WILL BE SITTING.AMY: THE -- THE BIGGEST ONE IS ASTUDENTS CHALLENGE WITH A SCHOOLBOARD POLICY THAT REQUIRESCHANGE AND ARE THIS TRANSGENDERSTUDENT -- REQUIRES STUDENTSTHAT ARE TRANSGENDER TO USE THERESTROOM ASIDE WITH WHAT THEIRBIRTH CERTIFICATE SAYS.THERE IS A CASE THAT HAS BEENSITTING ON THE DOCKET FOR OVER AYEAR NOW, WHICH IS HIGHLYUNUSUAL.THEY ARE WAITING TO SEE THEY GETA NEW NINTH JUSTICE P OR DOMAYBE THEY WILL SCHEDULE THOSEFOR ARGUMENT.ONE OF THOSE IN PARTICULAR IS AMISSOURI CHURCH THAT OPERATES ADAY CARE CENTER, AND THEY HAVEAPPLIED FOR A GRANT FOR FUNDINGFROM THE STATE AND WERE DENIEDBECAUSE THEY ARE A CHURCH.THEY SAY THAT VIOLATES THEIRRELIGIOUS RIGHTS.SOLEDAD: SO YOU MENTIONED THECASES POTENTIALLY SORT OFWAITING FOR A NINTH JUSTICE TOGET INVOLVED.THERE ARE FIVE CASES SINCEANTONIN SCALIA AT DIED THAT WENT4-4.WHAT HAPPENS TO THOSE CASES?>AMY: IT DEPENDS A LOT ONTHOSE CASES.IF THERE WAS A TRIAL, THE TRIALCOULD GO FORWARD.MAYBE THOSE SPECIFIC CASES WILLCOME BACK TO THE COURT OR THEMORE LIKELY SCENARIO WOULD BETHAT THOSE ISSUES COULD COMEBACK TO THE COURT.THERE WAS ONE IN PARTICULAR.A CASE CALLEDFREDERICKS VERSUSCALIFORNIA TEACHERS ASSOCIATION,AND THAT WAS A CHALLENGE TOPUBLIC SECTOR UNION FEES.IF YOU ARE A PUBLIC EMPLOYEE WHOIS REPRESENTED BY A UNION, YOUDON'T HAVE TO BE A MEMBER OFTHAT UNION, BUT YOU ARE REQUIRTO PAY WHAT IS CALLED A -- ONESIDE, THEY CALL IT A FAIR SHAREFEE, AND ON THE OTHER SIDE, THEYCALL IT AN AGENCY FEE.AND THAT IS THE COST OFCOLLECTIVE BARGAINING FROM WHICHYOU BENEFIT.SO THAT HAD BEEN CHALLENGED.A COUPLE OF YEARS AGO, THESUPREME COURT ACTUALLY TOOK UP ASIMILAR CASE AND WENT ALMOST TOTHE BRINK BUT DIDN'T DECIDE THAQUESTION AND THE ISSUE CAME BACK, TO COURT IN THE FREDRICK'SCASE.SO I WOULD EXPECT THAT TO COMEBACK AGAIN WITH A NEW NINTHJUSTICE.SOLEDAD: THAT WILL HAVE HUGEIMPLICATIONS.AMY: THE IMPLICATIONS ARE SORTOF MASSIVE.SOLEDAD: HOW LIKELY DO YOU THINKIN THE FACT THAT ROE V WADECOULD BE OVERTURNED?AMY: IT DEPENDS ON WHAT HAPPENSIN THE NEXT COUPLE OF YEARS.THIS NOMINEE, GORSUCH, WILBE CONFIRMED TO REPLACE JUSTICESCALIA WHO WAS STAUNCHLY OPPOSED, TO ABORTION.IF JUDGE GORSUCH IS EXPECTED TOBE ALSO OPPOSED TO ABORTION,THAT WOULD LEAVE THE BALANCE INPLACE.THEN YOU ARE LOOKING AT THE NEXTPOTENTIAL VACANCY ON THE COURT,AND THE THREE OLDEST JUSTICES ONTHE COURT ARE JUSTICE RUTH BADERGINSBURG, WHO WI TURN 84 , JUSTICE ANTHONY KENNEDY, WHOIS 80, AND JUSTICE BREYER, WHOIS IN HIS LATE 70'S.SOLEDAD: YOU KNOW DEMOCRATS ARELIKE PRAYING FOR THE GOODHEALTH.AMY: EXACTLY, EXACTLY.SO THE QUESTION IS IF ANY OFTHOSE JUSTICES WERE TO RETIREAND PRESIDENT TRUMP WERE TO HAVETHE OPP TO REPLACE ONE OF THEM,THEN WE WOULD BE TALKING ABOUTTHE POSSIBILITY OF ROE VERSUS

SCOTUS Expert: Another Court Vacancy Could Overturn Roe v. Wade

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Updated: 5:17 PM EST Feb 3, 2017

Some Democrats are gearing up for a fight in the confirmation hearings for President Donald Trump’s Supreme Court nominee, Federal Judge Neil Gorsuch. Yet experts say it’s likely Gorsuch will receive Senate approval filling the seat of Justice Antonin Scalia, who died nearly a year ago. The nation’s highest court has been delaying some of the more controversial cases, awaiting the ninth justice’s arrival. With only eight members, they run the risk of split decisions (4-4) which do not set precedents for future court cases. Amy Howe, a Supreme Court expert and contributor to SCOTUSblog, joins Soledad to discuss what cases the next justice is likely to hear, the implications for Roe v. Wade and the future of the Supreme Court under Trump.